CHIU JUI JUNG v. LEGEND DYNAMIC SOLUTION LTD

CHIU JUI JUNG v. LEGEND DYNAMIC SOLUTION LTD

Plaintiff proved on the material before the court that he was defrauded and that the US$30,000 in the defendant's account is held by the defendant on constructive trust for the plaintiff; accordingly declarations and an order that the defendant return US$30,000 with interest and pay costs were granted, but an order under s52(1)(e) compelling the bank to release funds was refused and the plaintiff was directed to pursue garnishee proceedings under Order 49 r 2 if necessary.

Citation
[2019] HKDC 1701
Parties
Plaintiff: CHIU JUI-JUNG; Defendant: LEGEND DYNAMIC SOLUTION LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 January 2020
Case Number
DCMP2861/2019
Procedural Posture
Miscellaneous Proceedings (originating Summons) / Decision on Originating Summons (summary Disposal)
Outcome
Declarations granted; defendant ordered to return US$30,000 with interest; s52(1)(e) order against bank refused; plaintiff awarded costs
Legal Topics
Constructive Trust, Declaratory Relief, Service of Process, Summary Disposal, Garnishee Proceedings, Trustee Ordinance S52(1)(e)
Source Language
EN
Equity Trusts Civil Procedure Fraud Banking Law Remedies Constructive Trust Declaratory Relief +4 more

Case Brief

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Parties

CHIU JUI-JUNG

Plaintiff

LEGEND DYNAMIC SOLUTION LIMITED

Defendant

Procedural Posture

Miscellaneous Proceedings (originating Summons) / Decision on Originating Summons (summary Disposal)

Legal Issues

  1. 1 Whether service on absent defendant was sufficient to proceed in absence
  2. 2 Whether US$30,000 held in defendant's bank account is recoverable by plaintiff
  3. 3 Whether a constructive trust arises over funds obtained by fraud

Ratio Decidendi

Plaintiff proved on the material before the court that he was defrauded and that the US$30,000 in the defendant's account is held by the defendant on constructive trust for the plaintiff; accordingly declarations and an order that the defendant return US$30,000 with interest and pay costs were granted, but an order under s52(1)(e) compelling the bank to release funds was refused and the plaintiff was directed to pursue garnishee proceedings under Order 49 r 2 if necessary.

Court Disposition

Declarations granted; defendant ordered to return US$30,000 with interest; s52(1)(e) order against bank refused; plaintiff awarded costs

Orders

  • Declaration that the defendant is liable to account to the plaintiff for the sum of US$30,000 together with interest
  • Declaration that US$30,000 or any part thereof in the defendant's account was held by the defendant as constructive trustee for the plaintiff